TOPICS - 17
Judicial Review
SCOTUS Review of States
Justiciability (Standing, Mootness, Ripeness, Political Question)
Scope of Nat’l Power
Commerce Clause
Taxing
Spending
Property
War & Treaty
State Sovereignty
11th Am
Dormant Commerce Clause
Privilege & Immunities
Preemption
Presidential Power
Presidential Immunities
Incorporation
SCOTUS Review of States
Justiciability (Standing, Mootness, Ripeness, Political Question)
Scope of Nat’l Power
Commerce Clause
Taxing
Spending
Property
War & Treaty
State Sovereignty
11th Am
Dormant Commerce Clause
Privilege & Immunities
Preemption
Presidential Power
Presidential Immunities
Incorporation
Solum Lecture - Ways of reading the K
i.Ambiguity (lots of meanings) v. vagueness (drawing the line)
ii.Living K’stalist construction of meaning (filling in vague blanks) vs. originalist fixation/constraint (K has meaning fixed in time, if can’t figure out what it is, constrained by what you DO know)
iii.Compatiblism – using Living K’stalism for vague spots, using originalism for ambiguity
ii.Living K’stalist construction of meaning (filling in vague blanks) vs. originalist fixation/constraint (K has meaning fixed in time, if can’t figure out what it is, constrained by what you DO know)
iii.Compatiblism – using Living K’stalism for vague spots, using originalism for ambiguity
Commerce Clause
Uniform Law Required?
Local better suited?
Case by Case Review, no list
ALSO
(1) Channels (2) Instrumentalities (3) Subst. Relation – for noneconomic, this also requires (a) protect i-s-c, (b) rat’l rel that regulated act has subst. affect on i-s-c, (c) rat’l basis that Congress’s regulation substantially affects i-s-c, (d) doesn’t obliterate fed and local distinction
Local better suited?
Case by Case Review, no list
ALSO
(1) Channels (2) Instrumentalities (3) Subst. Relation – for noneconomic, this also requires (a) protect i-s-c, (b) rat’l rel that regulated act has subst. affect on i-s-c, (c) rat’l basis that Congress’s regulation substantially affects i-s-c, (d) doesn’t obliterate fed and local distinction
Flashcard set info:
Author: stgillian
Main topic: Law
Topic: Constitutional Law
Published: 02.05.2010
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